Madras High CourtCRL OP(MD)/5033/2026disposed of

Sumathi v. Saravanakumar

2026-06-11Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5033 of 2026 and Crl.M.P(MD)No.5379 of 2026

1. Sumathi

2. Minor Sivanthika D/o.Saravanakumar (Rep by her Mother and Natural Guardian)

...Petitioners

Vs Saravanakumar

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to transfer the M.C.No.1 of 2024 on the file of the learned District Munsif Cum Judicial Magistrate, Natham, Dindigul District and same to be transferred to any Judicial Magistrate Court at Madurai for disposal according to law. For Petitioners : M/s.S.Bala Karthick For Respondent : M/s.S.Arjun ***** 1/4

ORDER

The present petition has been filed by the petitioners in M.C.No.1 of 2024, on the file of the District Munsif cum Judicial Magistrate, Natham, Dindigul District, seeking to transfer the same to any Judicial Magistrate Court at Madurai.

2. According to the learned Counsel appearing for the petitioners, when the maintenance case was filed, the petitioner was residing at Natham. Now, she is residing in her parental home at Madurai and therefore, she finds it inconvenient to travel to Natham, because she is the mother of the 2 year old child.

3. The learned Counsel appearing for the respondent/husband submitted that the petitioner side evidence was closed on 03.04.2025 and in such circumstances, the presence of the petitioners for every hearing is not necessary at all. That apart, the husband is a permanent resident of Natham and the transfer of the case from Natham to Madurai would cause inconvenience to him. 2/4

4. I have considered the submissions made on either side and perused the materials available on record.

5. Since the evidence on the side of the petitioner has already been closed on 03.04.2025, the question of travelling of the petitioners for every date of hearing from Madurai to Natham does not arise. In such circumstances, for the convenience of the petitioners, it cannot be transferred from Natham to Madurai. However, the personal appearance of the petitioners shall stand dispensed with unless it is specifically by the trial Court. The trial Court is directed to dispose of M.C.No.1 of 2024 on or before 31.10.2026.

6. With the above said observations, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is also closed.

11.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The learned District Munsif cum Judicial Magistrate, Natham, Dindigul District.

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R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.5033 of 2026 11.06.2026 4/4